Revolutionary War Pension and Bounty Land Warrant Application File S. 17933, John Drake, N.H.

SERVICE
N.H.
Drake, John
NUMBER
S. 17933
CONTENTS
carded

10.60% New Hampshire
John Drake
of Strafford in the State of N H who was a Private in the company commanded by Captain _____ of the Regt commanded by Col Kingman in the N H line for 6 May 25 Days
Inscribed on the Roll of N H at the rate of 22 Dollars 78 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 15 th day of Sept 1833 and Grant Claimant Effingham New Hampshire Bears to the 4th of Mar 1833 $455.56 Pemi-ant. allowance ending 21 Sept " 11.89 $574.45
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J H Blair Clerk, Book 2. Vol. 1 st Page 80.

John Drake N. Hampshire
Then at 6 Mos. 28 days All
$ 22-78.
13 2 41
J. Dearborn Claimant Effingham N H

BRIEF in the case of  John Drake  Leo of Strafford  in the State of  N.H.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 78  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     In 1796 volunteered { 6 Private Gen. Whipple Col Wingate   1798, volunteered { 4 25 " Gen Lavitt Col Whipple   25 per roll of service  
 5. In what battles was he engaged? none mentioned  6. Where did he reside when he entered the service? Hampton N.H.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? traditional  8. Are the papers defective as to form or authentication? and if so, in what respect? .. 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Taylor
Examining Clerk.

John Droke's
13.241

DECLARATION.
In order to obtain the benefit of the Act of Congress, passed June 7, 1832.
State of New-Hampshire, } ss. At a Court of Probate held in County of Grafton } at Easton in said County
On this thirteenth day of September 1832, personally appeared in open Court before the Judge of the Court of Probate, now sitting, John Drake a resident of North Effingham in the County of Grafton and State of N. H. aged 78 years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated— I enlisted as a volunteer into Capt. Myles Company for six months in the year 1776 marched to N o 4 and from N o 4 to Bennington where I participated in the service for six months upon the expiration of my enlistment I was discharged to wit in the fall of 1776 Col. Mudgett commanded the Regiment to which said company belonged General Gates I think commanded the American forces I had not any written discharge - We were stationed on Mount Independence
The year after I think Burgoyne surrendered to the American forces I entered into the service of the United States as a volunteer in Capt. Moses Leavitt's Company and served six weeks The company marched to Rhode Island Col. Whipple of Portsmouth N.H. commanded Regiment to which said Company was attached General Sullivan commanded the American forces while at Rhode Island At the time of the above enlistments I lived in Hampton in the county of Rockingham State of New Hampshire & belonged to the N.H. militia I have not any documentary to prove the above facts nor do I know of any testimony that I can procure to prove all the above services
I was born in Hampton in the county of Rockingham State of New Hampshire as I have ever been informed 21 st Oct 1754 I lived at said Hampton about thirty years from said Hampton I removed to Effingham in said county of Grafton where I now reside
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency of any State.
Sworn to and subscribed, the in Court John Drake
We, Isaac Lord residing in Effingham and Josiah Dearborn residing in Effingham hereby certify, that we are well acquainted with John Drake, who has subscribed and sworn to the above declaration; that we believe him to be 78 years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the - Isaac Lord Josiah Dearborn - in open Court
And the said Court do hereby declare its opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court certifies, that it appears to them that Isaac Lord who has signed the preceding certificate, is a resident in the Effingham and that Josiah Dearborn, who has also signed the same is a resident in the Effingham and are credible persons, and that their statement is entitled to credit.
Daniel Atkinson Judge of Probate I, James Bartlett Register of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of John Drake for a pension.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, this 13 th day of September A.D. 1832
James Bartlett Reg.

I
17933
INVALID.
one
File No. 17,933
John Drake
Rev War
Act: June 7 th 82
Index:—Vol. 1 , Page 152
[Arrangement of 1870.]

132 411
Effingham September 21 } Iowa
Sept 26 13.241
Dear Lewis Cass Secretary of War City of Washington

Effingham Sept 18 th 1832
I enclose your my declaration to entitle me to a pension under the act of June 7 th 1832. Please direct your communication to me of Effingham on left at Effingham Post Office. I wait a return with strong desire that it maybe soon
Yours truly Obt servt John Brooke by Josiah Dearborn

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Drake which require further proof or explanation.
I. Does the declaration show where the applicant resides? yy II. Did the declarant make the declaration in the county where he resides? yy III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yy V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yy VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yy VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yy VIII. Has the Court given their opinion? yy IX. Has the Clerk given his certificate? yy X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yy

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?  Certified by two Citizens XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?  no XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?  yes XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? XVI. ‡ Are the papers authenticated as the regulations direct?  yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?  yes
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
‡ QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡ QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.